ACTS OF ASSEMBLY 



RELATING TO 



EDUCATION. 



SBSSIOTM OF^ 1Q03. 



WM. STANLEY KAY, 

STATES PRINTER OF PENNSYLVANIA. 

1903. 



\^i)_;-i- sr , ->Jv>/ra.'v\xji>- 



ACTS OF ASSEMBLY 



REI^ATING TO 



EDUCATION. 



SE^SSIOIM OF" 1Q03. 



WM. STANLEY RAY, 

STATE PRINTER OF PENNSYLVANIA. 
1903. 






D.ofD, 




ACTS OF ASSEMBLY 



REIvATING TO 



EDUCATION. 



SESSION OF 1903. 



No. 3, 



AN ACT 



Boroueh erected 
from portion at 
township. 



Scho«I dlstrlet. 



Relating to school districts' in townships, and boroughs erected there- 
from . 

Section 1. Be it enacted, &c., That whenever a bor- 
ough has been or shall be erected out of a portion of a 
township, leaving the remaining portion of the town- 
ship without a school-house, and with less than ten 
resident freeholders', and less than twenty-five resident 
children between the ages of six and sixteen years; 
then, and in such case, the creation of such borough 
shall not cause a division of the school district of the 
township out of which such borough was formed; but 
the school district, as it existed in such township be- 
fore the creation of such borough, shall be and remain 
as theretofore: Provided, however, That whenever it 
shall be made to appear to the court of common pleas 
of the proper county, by petition of at least twenty 
freeholders of such undivided school district, and 
proper hearing, that the portion of such school district Hearing, 
outside the borough has at least ten resident freehold- 
ers and twenty-five children, as aforesaid; then the said 
court, in its discretion, may decree that said school 
district shall be divided into two districts, one consist- 
ing of the territory within such borough, and the other 
to consiet of the part of the original township territory 
not included within such borough lines. 

Sections. All laws or parts of laws, whether general 
or special, in conflict with this act are hereby repealed. 

Approved — The 5th day of February, A. D. 1903. 
SAML. W. PENNYPACKER. 

(3) 



Petition of free- 
holders. 



Division of district. 



Repeal. 



4 
No. 4. 



AN ACT 

To enable city, county, poor, township, ward, school, and borough tax 
collectors to collect taxes, for the payment of which they have be- 
come personally liable, or for which they shall during the year one 
thousand nine "hundred and three become personally liable, with- 
out having collected the same, by expiration of the authority of 
their respective warrants or by the expiration of their term of of- 
fice, and to extend the time for the collection of the same for 
the period of one year from the passage of this act. 

Section 1. Be it enacted, &c., That in all cases in 
which the period of two years, the limitation of the 
warrants in the duplicate of county, poor, city, town- 
ship, ward, school, and borough tax collectors, have 
expired, and in all cases where the power and au- 
thority of said tax collectors have expired, or shall 
expire during the year one thousand nine hundred and 
three, by virtue of the expiration of their term of of- 
fice, and said collector or collectors have or shall be- 
come liable for the amount of tax on said duplicates 
without having collected the same, the said duplicates 
and warrants, and the powers and authority of said 
tax collectors in all such cases, are hereby revived 
wa?rams!\nd au- and extended for another period of one year from the 
torsr^x°'enrtld°for passage of this act; and said collector or collectors are 
one year. hereby authorized and empowered to proceed and col- 

lect said taxes from all persons who have not paid 
taxes assessed to them, residing in said district within 
which it may have been assessed, as well as from all 
persons who remove from said city, ward, township 
or townships, or boroughs, and have neglected to pay 
taxes so as aforesaid assessed, with like effect as if 
said warrant had not expired by the limitation of 
two years, aforesaid, or the term of office of said col- 
lector had not expired: Provided, That provisions 
of this act shall not apply to warrants issued prior to 
the year one thousand eight hundred and ninety-two, 
p^^^.^^ and that nothing contained in this act shall release 

any bondsman or security: Provided, That this act shall 
not apply to cities having special laws upon this sub- 
proviso. j^^^. ppoVided, further, That no collector, nor the sure- 

ties thereof, who take advantage of this act shall be 
permitted to plead the statute of limitations in any 
action brought to recover the amount of said dupli- 
cate so extended and renewed. 

Approved— The 13th day of Februarv, A. D. 1903. 
SAML. W. PENNYPACKER. 



No. 65. 

AN ACT 

To regulate the commitment of children under the age of six- 
teen years to institutions of correction or reformation. 

Section 1. Be it enacted, &c., That no child under the commitment of 
age of sixteen years shall be committed by any magis- ye^""©^ age^" " 
trate or justice of the peace to any institution for the 
purpose of correction or reformation, but all applica- 
tions for such commitment shall be made to the court 
of quarter sessions of the county. 

Section 2. All acts or parts of acts inconsistent 
herewith are hereby repealed. Repeal. 

Approved— The 26th day of March, A. D. 1903. 

SAML. W. PENNYP ACKER. 



No. 95. 
A SUPPLEMENT 

To an act, entitled "An act for the establishment of free 
public libraries in the several school-districts of this Com- 
monwealth, except in cities of the first and second class," 
approved the twenty-eighth day of June, Anno Domini one 
thousand eight hundred and ninety-five, authorizing school- 
districts to join in establishing and maintaining free public 
libraries, or to join in aiding those otherwise established. 

Section 1. Be it enacted, &c. That when any town- ^.^^^^^^ ^^^^, 
ship surroundts or immediately adjoins any borough ships. 
within this Commonwealth, the school directors, 
boards, or organizations having control of the com- 
mon school® of said borough and township, may join 
in the establishment and maintenance of a free, non- 
sectarian, public library in said borough or township, 
or partly in both, the expense of such establishment 
and maintenance to be borne by said borough and 
township, in such proportions as may be agreed upon 
by the school authorities of said respective school dis- 
tricts, and for that purpose may levy the taxes pro- 
vided for in the act to which this is a supplement. 

Section 2. When any township surrounds or imme- 
diately adjoins any borough within this Common- 
wealth, within either of which there is or shall be here- 
after established, otherwise than under the provisions 
of the act to which this is a supplement, a free, non- 
sectarian, public school library, the school directors, 
boards, or organizations having control of the com- 
mon schools of said districts, may, instead of estab- 
lishing another public library and providing for its 
maintenance, join in extending aid to ®uch library, Aia to existing 
already established, guaranteeing such aid, in such "'''■^^• 



Free, public, non- 
sectarian library. 



Expense and 
maintenance. 



Tax levy. 



6 



Agreement. 



Tax levy. 



Annual report. 



Audit of account. 



proportion, and on such terms as to control and man- 
agement, as shall be agreed upon between the man- 
agers thereof and the school authorities of said re- 
spective districts; and for that purpose may levy 
the taxes provided for in the act to which this is a 
supplement, in the manner therein provided. 

Section 3. The managers of any public library re- 
ceiving aid under the provisions of this act, shall an- 
nually report to the school boards furnishing such 
aid, an account of the money so received, under the 
oath of the managers, or of their secretary and treas- 
urer, and such account shall be subject to the jurisdic- 
tion of the auditors by whom the accounts of their re- 
spective school boards are audited, in like manner as 
their own accounts. 

Approved— The 2d day of April, A. D. 1903. 

SAML. W. PENNYPACKER. 



Duty of county 
commUsionen. 



No. 98. 
AN ACT 

Regulating the confinement of children, under the age of six- 
teen years, awaiting trial. 

Section 1. Be it enacted, &c., That it shall be the 
duty of the board of county commissioners, in each 
county of the Commonwealth, to provide in the county 
a separate room, or rooms, or a suitable building, to 
be used exclusively for the confinement of any and all 
children, under the age of sixteen years, who may be 
in custody, awaiting trial or hearing in the courts of 
the county. 

Approved— The 3d day of April, A. D. 1903. 

SAML. W. PENNYPACKER. 



No. 103. 

AN ACT 



School-district, 
enlargement of. 



To provide for ascertaining whether an undue proportion of 
real estate and school-houses is within a school-district which 
has been or shall be hereafter enlarged by the annexation of 
a part, or parts, of a township or townships to a borough, 
and how much money shall be paid therefor by the enla.rged 
district to the old district, or districts. 

(Section 1. Be it enacted, &c.. That whenever, here- 
tofore, a common school-district has been, or here- 
after shall be, enlarged by the annexation of a part 



or parts of a township, or townships, the court of 
quarter sessions of the proper county shall determine, 
on hearing, whether an undue proportion of the real 
estate and school-houses belonging to the old district, 
or districts, is within the bounds of such enlarged dis- 
trict, and, if so, how much money shall be paid there- 
for by such enlarged district to the old district, or 
districts; and if any money be on hand, or debt un- 
paid, or any tax or other claims be uncollected, after 
the settlement of all such accounts prior thereto, the 
said court shall divide said money or debt amongst the 
districts, in such proportions, — and shall make such 
order as to uncollected tax or other claims,— as shall 
be just; and any sura, thus decreed to be due by any 
district to any district or individual, shall be entered 
in the nature of a judgment against the same, and 
shall be subject to execution, in the manner prescribed 
in the twenty-first section of the general common 
school law, on the eighth of May, one thousand eight 
hundred and fifty-four. 

Approved— The 3d dav of April, A. D. 1903. 

SAML. W. PENNYPACKEK. 



Proportion of 
real estate, etc. 



Division of 
money or debt. 



No. 108. 



AN ACT 



Permitting children residing in school-districts having graded 
public schools, or graded courses of study, to attend public 
schools of higher grades or courses of study, including high 
schools, in other districts, under terms and conditions to be 
agreed upon by the school directors of the districts interested. 

(Section 1. Be it enacted, &c.. That children residing {;'jJ,'Soi-*dis-'" 
in school-districts in which graded public schools, or *"'^^*^gchooi3*of 
graded courses of study, are or hereafter may be main- higher grade, m- 
tained, may attend the public schools of higher grades schw"! i/ other 
or courses of study, including high schools, in other districts. 
districts; the cost of tuition, which shall not exceed 
that of the tuition of children in the same grade or 
courses in the districts maintaining said higher grades 
or courses and high schools, to be paid to the districts 
receiving such children, out of the moneys raised by 
taxation for common or public school purposes in the 
districts in which said children reside: Provided, how- Proviso, 
ever. That such attendance shall not begin until after 
provision for the same, and its duration, and for the 
expense of tuition according to the foregoing restric- 
tions, has been made by the boards of directors of the 
districts interested, by security as required by existing 
laws. 

Approved— The 3d day of April, A. D. 1903. 

SAML. W. PENNYPACKER. 



No. 110. 

AN ACT 

For the protection of the health of persons addicted to the 
smoking of cigarettes, and imposing a fine for the violation of 
its provisions. 

Whereas, The smoking of cigarettes is injurious to 
the health of the young; therefore, 

Section 1. Be it enacted, &c., That if any person or 
Sale of cigarettes persons shall scll cigarettcs or cigarette paper to any 
person, or persons, under the age of twenty-one years, 
he or she so offending shall be guilty of a misde- 
meanor, and upon conviction thereof shall be sentenced 
to pay a fine of not more than three hundred dollars, 
nor less than one hundred dollars. 

Approved— The 4th dav of April, A. D. 1903. 

SAML. W. PENNYPACKER. 



Preamble. 



paper. 
Misdemeanor, 



No. 118, 



AN ACT 



Minimum salary 
of school 
teachars. 



Report. 



Forfeit. 



Regulating the minimum rate of salary of school-teachers In 
the Commonwealth of Pennsylvania, where school-districts 
receive State appropriations. 

Section 1. Be it enacted, &c., That on and after the 
first day of June, one thousand nine hundred and four, 
the minimum salary of school-teachers, teaching in 
the public schools of this Commonwealth, shall be 
thirty-five dollars per month. 

Section 2. It shall be the duty of the president and 
secretary of the school-board, of each school-district 
in this Commonwealth, to make report, under oath, to 
the Superintendent of Public Instruction, that the re- 
quirements of this act have been fully complied with. 

Section 3. Every school-district of this Common- 
wealth failing to comply with the requirements of this 
act, shall forfeit its State appropriation for the whole 
time during which this act has been violated. 

Approved—The 9th day of April, A. D. 1903. 

SAML. W. PENNYPACKER. 



No. 132. 



AN ACT 



To protect the public health, and prevent the spread of In- 
fectious and contagious diseases in this Commonwealth. 

Whereas, Infectious and contagious diseases are 
very largely disseminated tlirough the agency of the 
schools, from the want of proper disinfection of school 
buildings; therefore, 

Section 1. Be it enacted, &c., That on and after the 
passage of this act, it shall be the duty of the board 
of school directors, trustees, or other person or per- 
sons having control of any school or college building, 
in any city of this Commonwealth, to adopt and im- 
mediately put into operation a modern method and 
system of disinfection, for the disinfection of such 
school or college buildings. 

Section 2. And it shall further be the duty of such 
board of echool directors, trustees, or other person or 
persons having control of any school or college build- 
ing in any city of this Commonwealth, at regular in- 
tervals of not exceeding two weeks, to cause all of 
the school or college buildings under their control to 
be thoroughly disinfected, by means of the method and 
system which they may adopt in compliance with sec- 
tion one of this act. 

Section 3. Whenever there exists in any city a local 
board of health for such city, the method and system 
of disinfection adopted by the board of school direc- 
tors, trustees, or other person or persons having con- 
trol of any school or college building in such city, shall 
be approved by such local board of health; in any city 
where no such local board of health exists, such 
method and system of disinfection, as aforesaid, shall 
be approved by the State Board of Health of this State. 

•Section 4. In operating such methods and system 
of disinfection, as aforesaid, the person or persons in 
charge of such duty shall, as far as practicable, per- 
form such duty in such manner as not to interfere with 
the regular school sessions held in said school or col- 
lege buildings, and it shall not be necessary, under 
this act, to perform such duty in any school or college 
building which is not used and occupied for school 
purposes. 

Section 5. In order to fully and completely carry out 
the provisions of this act, and to defray the expenses 
necessary to equip and put into operation by the 
board of school directors, trustees, or other person or 
persons having control of any public or high school 
of this State, such method and system of disinfection, 
as aforesaid, there shall be set aside by such school 



Whereas. 



Duty of sckool 
directors, etc. 



Disinfection, 



At regular lnt«r- 
va.ls. 



Approval of 
method by board 
of health. 



Not to interfere 
with school ses- 
sions. 



10 



Portion of appro- 
priation for ex- 



Neeleot. 



Repeal. 



directors, trustees, or other person or persons having 
control of any public or high school building, out of 
the funds biannuallj appropriated by this State, under 
the act ''providing method of distributing the appro- 
priation to common schools," sufficient money, nec- 
essary to defray the expenses incident thereto. 

Section 6. Any board of school directors, trustees, 
or other person or persons, charged under this act with 
the enforcement of any of its provisions, who shall 
neglect to properly enforce the same shall, upon com- 
plaint of State or local board of health to the court 
of common pleas of the proper county, pay a fine of 
not less than five dollars nor more than one hundred 
dollars. 

Section 7. All acts or parts of acts inconsistent with 
this act are hereby repealed. 

Approved— The 14th day of April, A. D. 1903. 

SAML. W. PENNYPACKER. 



No. 149. 



AN ACT. 



Children com- 
mitted to Indus- 
trial Schools, etc 



Payment by the 
county. 



Per capita. 



Proviso. 



Account of treas- 
urer. 



To provide for the payment of the expenses of the maintenance 
and instruction of children committed to the industrial 
schools, or institutions of like character which are not under 
State control, by the counties from which they have been sent, 
and providing a method for determining the amount due and 
collecting the same from said counties. 

Section 1. Be it enacted, &c.. That whenever a child 
shall have been committed by a court or judge thereof 
to any industrial school, or other institution of like 
character, or shall become an inmate thereof, whose 
parents or guardian are not of sufficient ability to pay 
the expense of maintaining and instructing such child, 
such maintenance and instruction shall be paid by the 
county from which such child shall have been com- 
mitted: Provided, however. That the actual cost of 
maintaining and instructing such child shall be paid 
only, and in no event shall such per capita mainte- 
nance and instruction exceed the amount of per capita 
cost of maintenance and instruction of inmates of the 
House of Refuge. 

And provided also. That the treasurer of such in- 
dustrial school, or other institution of like character, 
shall transmit an account quarterly, to the commis- 
sioners of such county as may have become indebted 
for the maintenance and instruction of inmates in such 
industrial school, or other like institution, which ac- 
count shall be signed by said treasurer and sworn or 
affirmed to by him, and attested by the superintendent 



11 

of the department of such industrial school, or other 
institution of like character, in which such inmates 
may be living. It shall be the duty of said commis- 
sioners immediately upon receipt of said accounts to 
order the treasurer of their respective counties to pay 
the same. 

Approved—The 15th day of April, A. D. 1903. 

SAML. W. PENNYPACKER. 



No. 166. 



AN ACT 



Duty of school di- 
rectors. 



To establish county associations of school-directors. 
Section 1. Be it enacted, &c., That it shall be the school directors, 

. , T , » v , , n annual meeting 

duty of each county superintendent of schools to call of. 
together, during the school year beginning June, one 
thousand nine hundred and three, and annually there- 
after, at the county seat, or some other suitable place 
in the county, all the school-directors of the county, 
for the consideration and discussion of questions per- 
taining to school administration. These annual meet- 
ings shall not be held during the week of the annual 
county teachers' institute. 

Section 2. It shall be the duty of each school-direc- 
tor, in each of the districts of each county, to attend 
each annual meeting of school-directors, called by the 
county superintendent for the purpose of considering 
and discussing questions pertaining to school adminis- 
tration; and each school-director attending such an- 
nual convention shall receive, for his necessary ex- 
penses, mileage at the rate of three cents per mile, 
to be paid out of the funds of the district which he 
serves. But expenses shall not be paid for more than 
two days at any annual meeting. 

Section 3. When the directors have assembled in 
such annual convention, they shall proceed at once to 
organize, by electing, from the directors present, a organization. 
president, two vice-presidents, a secretary, and a treas- 
urer, which officers shall continue for one year, and oncers. 
Bhall severally perform such duties as usually devolve Term. 
upon such officers. 

Section 4. The officers of the Directors' Association 

1 ... 1 1 31 Program commit 

shall serve also as a program committee; and shall tees. 
prepare a suitable program for each annual meeting, 
secure competent speakers, and perform such other 
duties as may be necessary to the success of the meet- 



Per diem am' 
Mileage. 



12 



Program for flnt 
meeting. 



Payment by th« 
county treasurftm. 



Statement of 
treasurer of Di- 
rectors' Associa- 
tion. 



ing. The county siiperinteudent shall be ex-offlcio a 
member of the program committee, and shall render 
such assistance to the officers of such association as 
they may require of him. 

To prepare a program for the first meeting, each 
county superintendent shall appoint, from among the 
school-directors of his county, a program committee 
of five members. 

Section 5. To defray the necessary expenses of these 
meetings, the county treasurer of each county shall 
pay to the treasurer of the Directors' Association, from 
the county funds, one dollar for each director at- 
tending the annual meeting, but in no case shall the 
sum paid exceed one hundred dollars for each meeting. 
But before he shall receive this appropriation, the 
treasurer of the Directors' Association shall present 
to the county treasurer a statement, showing when 
and where the meeting was held, how many directors 
were present, what speakers were employed, and what 
expenses were incurred. 

Approved— The 21st dav of April, A. D. 1903. 

SAML. W. PENNYPACKER. 



No. 108. 



AN ACT 



School taxes In 
boroughs and 
townships. 



Statement of col- 
lector. 

Contents of state- 
ment. 



Relating to the collection of school taxes in boroughs and town- 
ships in this Commonwealth; requiring collectors to make 
monthly statements to secretary of the school-board of 
amounts collected, dates, and names of parties from whom 
collected, and to pay said taxes monthly to treasurer; and 
providing for meeting of school-directors and tax-collector, 
and for the collection and payment of all school taxes to 
treasurer on or before first Monday of June, in each year, 
and prescribing a penalty for the violation of the same. 

Section 1. Be it enacted, &c., That each and every 
collector of school taxes in the several boroughs and 
townships of this Commonwealth shall hereafter, on 
or before the tenth day of each and every month, after 
receiving the duplicate containing a statement of the 
school tax to be collected by him, deliver to the sec- 
retary of the board of school-directors, from whom 
he has received such duplicate, a statement in writing, 
signed by him, showing the names of all of the persons 
from whom he has collected any school taxes upon his 
duplicates, to and including the last day of the pre- 
ceding month, the amount collected from each, and 
the date of such collection, and also the amount of 
the uncollected school taxes upon the said duplicate, 
and shall at the same time, if required by the secretary 



13 

or any member of the school-board, exhibit the dupli- 
cate, showing the said uncollected taxes, for exam- 
ination; and the said tax-collector shall pay over, on 
or before the said tenth day of each and every month 
during his term of office, to the treasurer of the school- 
district, all taxes so collected by him during the pre- 
ceding month, less the commission or fees to which 
he is by law entitled for the collection of the same. 

Section 2. It shall be the duty of the board of school 
directors and the collector of the school taxes, in each 
of the boroughs and townships of this Commonwealth, 
to meet together, at the usual meeting-place of the 
said school-board, on the first Monday of February of 
each and every year, and examine the duplicate of 
the school taxes, which the said collector is hereby 
required to produce and exhibit to the said board of 
school-directors, and ascertain the amount of the taxes 
then uncollected; and it shall be the duty of every 
such collector, on or before the first Monday of June 
thereafter, to collect, and pay to the treasurer of the 
proper school-district, the whole amount of the bal- 
ance of the taxes charged and assessed in the said 
duplicate, excepting such sums from which the said 
school-directors, in their discretion, may exonerate 
him. 

Section 3. Any tax-collector who shall fail to pay 
over to the treasurer of the proper school-district the 
taxes collected by him, according to the provisions of 
this act, or who shall fail to make and deliver to the 
secretary of the board of school-directors any of the 
statements in writing required by this act, or who 
shall fail to produce and exhibit the duplicate of the 
school taxes to the secretary of the board of school- 
directors or at a meeting of the board of school-direc- 
tors, as required by the provisions of this act, shall be 
guilty of a misdemeanor, and on conviction thereof 
shall be sentenced to pay a fine not exceeding one hun- 
dred dollars. 

Section 4. All act or parts of acts inconsistent here- 
with are hereby repealed. 

Approved—The 21st day of April, A. D. 1903. 

SAML. W. PENNYPACKER. 



Collections shall 
be paid the treas- 
urer on or before 
tenth of each 
month. 



Board of school 
directors and col- 
lector shall meet 
together annually. 



Duty of collector. 



Failure of col- 
lector to make 
payment, etc. 



Misdemeanor. 
Fine. 



Repeal. 



No. 172. 
AN ACT 

Providing the manner by which independent school-districts of 
this Commonwealth, established by act of Assembly or the 
courts of quarter sessions, may be abolished, and providing 
for the disposition of the school property of such district. 

Section 1. Be it enacted, &c., That in all cases where independent 
an independent school-district has been created by ^"^ °° ^ "^ "^ ^' 



14 



Petition of citi- 
zens. 



Discontinuance of 
district. 



Reversion of 
property. 



Kepeal. 



any of the courts of quarter sessions of the peace of 
this Commonwealth, or by act of Assembly, it shall 
be lawful for the court of quarter sessions of the 
county in which such independent district is located, 
upon application to said court of a majority of the 
taxable citizens resident within the limits of such 
independent school-district, by petition, setting forth 
that they desire the abolition of said district, to hear 
and determine the application upon its merits; and if 
deemed expedient, the said court shall discontinue the 
said independent district. 

Section 2. If any such independent district be dis- 
continued, as provided in section one of this act, thf; 
school property of such independent district shall 
revert to the districts out of which such independent 
district was originally created, and shall be appor- 
tioned among said districts in such manner as is re- 
quired by existing laws. 

Section 3. That the provisions of this act shall not 
apply to independent school-districts composed of parts 
of adjoining counties. 

Section 4. All acts or parts of acts inconsistent here- 
with be and the same are hereby repealed. 

Approved— The 22d dav of April, A. D. 1903. 

SAML. W. PENNYP ACKER. 



No. 179. 



AN ACT 



Section 21, act of 
June 18, 1895, 
cited for amend- 
ment. 



To amend the twenty-first section of an act, entitled "An act 
to provide for the more effectual protection of the public 
health in the several municipalities of this Commonwealth," 
approved the eig-hteenth day of June, Anno Domini one thou- 
sand eight hundred and ninety-five; limiting' the time in 
which actions may be brought for the recovery of fines or pen- 
alties under said act. 

Section 1. Be it enacted, &c., That section twenty- 
one of the act, entitled ''An act to provide for the 
more effectual protection of the public health in the 
several municipalities of this Commonwealth," ap- 
proved the eighteenth day of June, Anno Domini one 
thousand eight hundred and ninety-five, which reads 
as follows: 

''Section 21. Any physician, undertaker, principal of 
a school, superintendent of a Sunday school, sexton, 
janitor, head of a family, or any other person or per- 
sons named in this act, who shall fail, neglect or re- 
fuse to comply with, or who shall violate, any of the 
provisions or requirements of this act, shall, for every 



15 



such offense, upon conviction thereof before any 
mayor, burgess, alderman, police magistrate, or jus- 
tice of the peace of the municipality in which said 
offense was committed, be liable to a fine or penalty 
therefor of not less than five dollars nor more than 
one hundred dollars; which said fines or penalties 
shall be paid into the treasury of said municipality; 
and in default of payment thereof, such person or 
persons, so convicted, shall undergo an imprisonment 
in the jail of the proper county for a period not ex- 
ceeding sixty days," be and the same is hereby amend- 
ed so as to read as follows: 

Section 21. Any physician, undertaker, principal of 
a school, superintendent of a Sunday school, sexton, 
janitor, head of a family, or any other person or per- 
sons named in this act, who shall fail, neglect or refuse 
to comply with, or who shall violate, any of the pro- 
visions or requirements of this act, shall, for every 
such offense, upon conviction thereof before any 
mayor, burgess, alderman, police magistrate, or justice 
of the peace of the municipality in which said offense 
was committed, be liable to a fine or penalty therefor 
of not less than five dollars nor more than one hundred 
dollars; which said fines or penalties shall be paid 
into the treasury of said municipality; and in de- 
fault of payment thereof, such person or persons, 
so convicted, shall undergo an imprisonment in the 
jail of the proper county for a period not exceeding 
sixty days: Provided, hotvever, That all actions for the 
recovery of any fine or penalty for the violation of any of 
the provisions of this act, shall he commenced within sixty 
days from the commission of the offence, and not after- 
wards. 

Approved— The 22d day of April, A. D. 1903. 

SAML. W. PENNYPACKEK. 



Fines and penal- 
ties. 



To be paid Into 
treasury of muni- 
cipality. 



Actions siiall be 
commenced within 
60 days of offense. 



No. 203. 

AN ACT 



To designate the number of school directors to be elected in the 
several boroughs of the Commonwealth not divided into 
wards; to provide for their election, and for the filling' of va- 
cancies, and to fix the length of term for which they shall 
serve. 

Section 1. Be it enacted, &c.. That the number of ^i^'g^^Jifo^^^aX 
members of any school-board of boroughs not divided 
into wards shall be six. 



16 



Election of 
school directors. 



Designation on 
ballot. 



Directors elected 
under former 
laws. 



Appointment by 
the court. 



Section 2. That it shall be lawful for the qualified 
voters of the boroughs of this Commonwealth which 
are not divided into wards, and boroughs not now en- 
joying this right by special statutes, at the first elec- 
tion for borough ofticers next ensuing the passage of 
this act, to elect two school directors to serve for one 
year, two to serve for two years, and two to serve for 
three years; and annually thereafter to elect, for a 
term of three years' duration, as many school direc- 
tors as may be necessary to fill the places of those 
whose terms of office are about to expire. 

Section 3. At the first election for borough officers 
next ensuing the passage of this act, the qualified 
voters shall designate on their ballots for what length 
of time the persons thereon named shall serve, whether 
for one, two or three years. 

Section 4. That the members of any board of school 
directors shall have power to fill any vacancy which 
may occur therein by death, resignation, removal from 
the borough or otherwise, until the next annual elec- 
tion for school directors, when such vacancy shall be 
filled by electing a qualified citizen to supply the 
same for the balance of the unexpired term: Provided, 
That the qualified voters shall designate on their 
ballots that the person or persons thereon named are 
voted for to fill an unexpired term. 

Section 5. The school directors now in office, under 
existing laws, shall act conjointly with those who are 
to be elected under the provisions hereof at the first 
election for borough officers next ensuing the pas- 
sage of this act, and act until the expiration of the 
term of said school directors now in office; but after 
their places have become vacant, either by a lapse of 
time or otherwise, their places shall not again be filled, 
and the office shall henceforth be at an end. 

Section 6. After the passage of this act, it shall be 
the duty of the judges of the courts of quarter ses- 
sions of the several counties to fill the offices created by 
this act, by the appointment of proper persons resid- 
ing in the said boroughs, and the persons so appointed 
shall hold office until their successors are chosen at 
the next election of borough officers. 

Section 7. All acts or parts of acts inconsistent here 
with are hereby repealed. 

Approved— The 23d day of April, A. D. 1903. 

SAML. W. PENNYP ACKER. 



17 

No. 205. 
AN ACT 



Defining the powers of the several courts of quarter sessions of 
the peace, within this Commonwealth, with reference to the 
care, treatment and control of dependent, neglected, incor- 
rigible and delinquent children, under the age of sixteen 
years, and providing for the means in which such power may 
be exercised. 

Whereas, The welfare of the State demands that 
children should be guarded from association and con- 
tact with crime and criminals, and the ordinary pro- 
cess of the criminal law does not provide such treat- 
ment and care and moral encouragement as are essen- 
tial to all children in the formative period of life, 
but endangers the whole future of the child; 

And Whereas, Experience has shown that children, 
lacking proper parental care or guardianship, are led 
into courses of life which may render them liable to 
the pains and penalties of the criminal law of the 
State, although in fact the real interests of such child 
or children require that they be not incarcerated in 
penitentiaries and jails, as members of the criminal 
class, but be subjected to a wise care, treatment and 
control, that their evil tendencies may be checked and 
their better instincts may be strengthened; 

And Whereas, To that end, it is important that the 
powers of the courts, in respect to the care, treatment 
and control over dependent, neglected, delinquent and 
incorrigible children, should be clearly distinguished 
from the powers exercised in the administration of the 
criminal law: 

Section 1. Be it enacted, &c., That the courts of 
quarter sessions of the peace, within the several coun- 
ties of this Commonwealth, shall have and possess 
full jurisdiction in all proceedings which may be 
brought before them affecting the treatment and con- 
trol of dependent, neglected, incorrigible and delin- 
quent children, under the age of sixteen years; and 
for the purpose of this act the words ''dependent child" 
and "neglected child" shall mean any child who is 
destitute, homeless, abandoned, or dependent upon the 
public for support, or who has not proper parental 
care or guardianship. The words ""incorrigible chil- 
dren" shall mean any child who is charged by its 
parent or guardian with being unmanageable. The 
words "delinquent child" shall mean any child, in- 
cluding such as have heretofore been designated "in- 
corrigible children," who may be charged v/ith the 
violation of any law of this Commonwealth, or the 
ordinance of any city, borough or township. 

The powers of the court of quarter sessions of the 
peace, as provided for in this act, may be exercised by 
2 



Jurisdiction of 
courts of quarter 

sessions. 



"Dependent child 
and neglected 
child" defined. 



"Incorrigible chil- 
dren." 



"Delinquent 
child." 



Assignment of 
judge. 



18 



Juvenile court. 

Sessions. 
Records. 



Powers of the 
court. 



Certificate of 
magistrate or 
justice of the 
peace. 



Certificate of the 
district attorney. 



Action of the 
judge. 



Power of tlie 
judge. 



Custody and con- 
trol of the child. 



Appointment of 
probation officers. 



any one or more judges of such court, who may be 
assigned for the purpose at a session of said court, 
which shall be known as the juvenile court; and all 
sessions of such juvenile court shall be held separate 
and apart from auy session of the court held for the 
purpose of its general criminal or other business, and 
the records of the proceedings of such juvenile court 
shall be kept in a docket, separate from all other 
proceedings of said court. 

Section 2. The powers of the court may be exercised: 

(1) Upon the petition of any citizen, resident of the 
county, setting forth that a child is neglected, depen- 
dent or delinquent, and is in need of the care and pro- 
tection of the court. 

(2) Whenever any magistrate or justice of the peace, 
in committing a child arrested for an indictable of- 
fence, shall certify that, in his opinion, the good of 
the child and the interests of the State do not require 
a prosecution upon an indictment, under the criminal 
laws of the Commonwealth. 

(3) Whenever, after return made by a magistrate 
of the proceedings, upon the arrest of such delinquent 
child for an indictable offence, tlie district attorney of 
the county, either before or after the indictment, shall 
certify that, in his opinion, the good of the child and 
the interests of the State do not require a prosecution 
upon an indictment, under the criminal laws of this 
Commonwealth. 

(4) Whenever, upon the trial of any indictment of 
such delinquent child, the judge trying the cause is 
of opinion that the good of the child and the interests 
of the State do not require a conviction under the crim- 
inal laws of this Commonwealth. 

Upon the filing of any petition, as above set forth, 
or whenever the jurisdiction of the court has attached 
by the filing of a certificate of a magistrate or justice 
of the peace, or of the district attorney, or by the 
action of a judge, as above set forth, it shall be within 
the power of the judge, holding said juvenile court, 
to make all necessary orders for compelling the pro- 
duction of such child, and the attendance of the 
parents and all persons having the custody or control 
of the child, or with whom the child may be; and 
pending the final disposition of any case, the child 
shall be subject to the order of the court, and may 
be permitted to remain in the control of its parents 
or the person having it in charge, or of the probation 
officer, or may be kept in some place provided by the 
State or county authorities, or by any association hav- 
ing for one of its objects the rare of delinquent or 
neglected children, as the court may order. 

Section 3. The court shall appoint or designate one 
or more discreet persons, of good character, to serve 
as probation officers during the pleasure of the court; 



19 



said probation oflScers to receive no compensation from 
the public treasury; and it shall be the duty of all 
probation officers, so appointed, to make such investi- 
gations as may be required by the court, to be present 
in court when the case is heard, and to furnish to 
the court such information and assistance as the judge 
may require, and to take such charge of any child, be- 
fore and after trial, as may be directed by the court. 

Section 4. At the hearing, the judge or judges hold- 
ing such session of the court shall determine, after an 
inquiry into the facts, what order for the commitment 
and custody and care of the child, the child's own good 
and the best interests of the State may require; and 
may commit such child to the care of its parents, sub- 
ject to the supervision of a probation officer, or to 
some suitable institution, or the care of some reputa- 
ble citizen of good moral character, or to the care of 
some training school, or to an industrial school, or 
the care of some association willing to receive it; and 
in either such case it shall be within the power of 
the court to make an order upon the parent or parents 
of any such child to contribute to the support of the 
child, such sum as the court may determine; it being 
further provided that, in all cases in which a delin- 
quent child shall be committed to the care of a reform- 
atory institution, when such child shall be discharged 
from such institution the court shall be duly ad- 
vised thereof, and a record of such discharge shall be 
kept in the juvenile court docket. 

Section 5. In any case where the court shall award 
a dependent child to the care of any association or 
individual, in accordance with the provisions of this 
act, the child shall, unless otherwise oi-dered, become 
a ward, and be subject to the guardianship of the asso- 
ciation or individual to whose care it is committed. 
Such association or individual shall have authority to 
place such child in a family home, with or without 
indenture, and may be made party to any proceedings 
for the legal adoption of the child, and may, by its 
or his attorney or agent, appear in any court where 
such proceedings are pending and assent to such adop- 
tion. And such assent shall be sufficient to authorize 
the court to enter the proper order or decree of adop- 
tion. Such guardianship shall not include the guar- 
dianship of any estate of the child. 

Section 6. In the case of a delinquent child, the 
court may continue the hearing from time to time; 
and may commit the child to the care and guardian- 
ship of a probation officer, duly appointed by the court, 
and may allow said child to remain in its own home, 
subject to the visitation of the probation officer, such 
child to report to the probation officer as often as 
may be required, and subject to be returned to the 
court, for further proceedings, whenever ench action 



Commitment of 
child. 



Order on parents 
or guardians. 



Proviso. 

Discharge from 
reformatory insti- 
tution. 



Record of. 



Ward. 
Guardianship. 



Legal adoption. 



Guardianship not 
to include estate. 



Care of the child. 



20 



Unlawful to con- 
fine child In jail, 
police station, etc. 



Limit of commit- 
ment. 



Religious belief, 
etc. 



Approved family 
borne. 



Under the age of 
12 years. 



Trials upon In- 
dictment. 



may appear to be necessary; or the court may commit 
the child to the care and guardianship of the probation 
officer, to be placed in a suitable family home, sub- 
ject to the supervision of such probation officer; or 
it may authorize the said probation officer to board 
out the said child in some suitable family home, in 
case provision is made by voluntary contribution or 
otherwise for the payment of the board of such child, 
until a suitable provision may be made for the child 
in a home without such payment; or the court may 
commit the child to a suitable institution for the care 
of delinquent children, or to any society, duly incor- 
porated, having for one of its objects the protection 
of dependent or delinquent children. 

Section 7. No child, pending a hearing under the 
provisions of this act, shall be held in confinement in 
any county or other jail, police station, or in any in- 
stitution to which adult convicts are sentenced. 

Section 8. No order for the commitment of any child, 
in any proceedings had under this act, shall extend to 
a period beyond when such child shall attain the age 
of twenty-one years. 

Section 9. The court, in making all orders for the 
commitment of children, shall place them, as far a« 
possible, in care and custody of persons having the 
same religious belief as the parents of the child, or 
with some association which is controlled by persons 
of such religious belief; and shall, ae far as possible, 
provide, in making orders of commitment, that the 
care, custody and discipline of the child shall be as 
nearly as possibly that which should be given by its 
parents. In all cases where it can properly be done, 
the child shall be placed in an approved family home, 
and become a member of the family by legal adoption 
or otherwise. 

Section 10. It shall not be lawful to commit the 
custody of any delinquent child, under the age of 
twelve years, to any institution of correction or ref- 
ormation, unless, after the care and oversight given 
such child under the probation system provided for 
by this act, the court finds that the best interests of 
the child and the welfare of the community require 
such commitment; and it shall not be lawful to com- 
mit the custody of any neglected or dependent child, 
who is delinquent, to any institution of correction or 
reformation in which delinquent children are received, 
nor shall any delinquent child be committed to any 
institution in which dependent or neglected children 
are received. 

Section 11. Nothing herein contained shall be in 
derogation of the powers of the courts of quarter ses- 
sions and oyer and terminer to try, upon an indict- 
ment, any delinquent child who, in due course, may 
be brought to trial. 



21 



Section 12, An act, entitled "An act to regulate the 
treatment and control of dependent, neglected and 
delinquent children, under the age of sixteen years; 
providing for the establishment of juvenile courts; 
regulating the practice before such courts; providing 
for the appointment of probation officers; prohibiting 
the commitment to jail or police station of a child 
under fourteen years of age; providing for the appoint- 
ment, compensation and duties of agents of juvenile 
reformatories; imposing certain duties upon the Board 
of Public Charities of this State; regulating the incor- 
poration of associations for the care of dependent, neg- 
lected or delinquent children; prohibiting foreign as- 
sociations from placing children in homes in this State, 
for adoption or under indenture, except under certain 
conditions; providing for the appointment of a board 
of visitors, and repealing acts and parts of acts in- 
consistent with the provisions of this act," approved 
the twenty-first day of May, one thousand nine hun- 
dred and one, and all acts or parts of acts inconsistent 
herewith are repealed. 

Approved— The 23d day of April, A. D. 1903. 

SAML. W. PENNYPACKER. 



Act of May 21, 
1901, cited. 



Repeal. 



No. 216. 



AN ACT 



To prevent officers or members of boards of managers of insti- 
tutions receiving appropriations of State money from selling 
supplies to such institutions, or acting as agent for the sale 
of the same. 

Section 1. Be it enacted, &c., That it shall not here- 
after be lawful for any officer or member of the board 
of managers of an institution, at a time when said in- 
stitution is receiving State moneys from legislative 
appropriations, to furnish supplies to such institution, 
either by direct sale or sale through an agent or firm, 
or to act as an agent for another in so furnishing sup- 
plies. 

Any person who may violate any of the provisions 
of this act shall be guilty of a misdemeanor, and upon 
conviction therefor shall be punished by a fine not 
exceeding five hundred (500) dollars, or by imprison- 
ment not exceeding one year, or both fine and impris- 
onment, at the discretion of the court. 

Approved— The 23d day of April, A. D. 1903. 

SAML. W. PENNYPACKER. 



Officers of institu- 
tions receiving 
State aid shall 
not sell supplies 
to same. 



Misdemeanor. 



Fine and penalty. 



cities of the 
third class. 



Annexation of 
borough or town- 
ship, etc. 



Existing Indebted- 
ness of cities. 



Existing indebted- 
ness of borough or 
township, etc. 



By ordinance to 

levy separate 
rates of taxation. 



22 

No. 237. 
A SUPPLEMENT 

To an act approved twenty-third day of May, one thousand 
eight hundred and eighty-nine, entitled "An act for the in- 
corporation and government of cities of the third class," pro- 
viding for the adjustment of the indebtedness of such cities, 
and boroughs or townships annexed thereto. 

Section 1. Be it enacted, &c., That whenever any 
borough or township, or part of township, adjoining 
any city of the third class, and being part of the 
county in which the same is situated, shall hereafter 
be annexed to such adjoining city in the manner pre- 
scribed by article three of the act, entitled "An act 
providing for the incorporation and government of 
cities of the third class," approved May twenty-third- 
one thousand eight hundred and eighty-nine, the ex- 
isting indebtedness and liabilities, and the interest 
thereon, of each of said cities, contracted prior to such 
annexation (excepting any and all funded indebtedness 
for the construction of sewers, waterworks, gas or 
eleotrio light plants, or public buildings), shall be paid 
by such city; and the existing indebtedness and lia- 
bilities, and the interest thereon, of each of said bor- 
oughs, townships, or parts of townships, shall be paid 
by the same respectively, as the case may be. And 
for the liquidation of debts and liabilities, and the 
interest thereon, the authorities of such city shall 
have power to adjust and provide for the same by 
ordinance, and to levy separate rates of taxation on 
all persons and property subject to taxation, within 
the boundaries of such city, borough, township, or 
part of township, respectively, as the case may be, 
for the purposes aforesaid. 

Approved— The 25th dav of April, A. D. 1903. 

SAML. W. PENNYPACKER. 



No. 260. 



AN ACT 



For the annexation of any city, borough, township, or part 
of a township, to a contiguous city, and providing for the 
indebtedness of the same. 

citr''boro"ug°h, * Section 1. Be it enacted, &c., That any city, bor- 
township, etc' ough, towuship, Or pai't of a township, may become 

annexed to any contiguous city in the same county, in 

the following manner, namely: 



23 



There shall be presented to the court of quarter 
sessions of the county a petition, signed by at least 
twenty per centum of the qualified voters, as shown 
by the registry lists for the last preceding general 
election of the city, borough, township, or part of a 
township, desiring annexation to a city under this 
act; and, in case such petition is for the annexation of 
a part of a township, there shall be a plan attached 
showing such portion, and the petition shall only be 
signed by qualified voters as above defined, and resid- 
ing in such portion. The petition shall be subscribed 
by the petitioners within three months immediately 
preceding the presentation thereof to the court, and 
shall be verified by affidavit of one or more of the peti- 
tioners. 

Section 2. The petition shall be filed, and thereupon 
the court shall direct notice to be given to the chief 
executive officer of the city to which the annexation 
is proposed to be made; and it shall be the duty of the 
councils of such city, within three months from the 
date of said notice, to, by ordinance, consent to or 
disapprove the proposed annexation. If the coun- 
cils disapprove, then there shall be no further pro_- 
ceedings under that petition; but if the councils ap- 
prove, then the court shall direct such notice to be 
given the people of the territory proposed to be an- 
nexed as the court shall consider to be proper and 
reasonable, and the said notice shall state a reason- 
able date thereafter at which the petition will be con- 
sidered and all parties heard. 

Upon the date fixed for the hearing, or as soon 
thereafter as practicable, the court shall hear the 
case; and, if the requirements of this act have been 
complied with, then shall order an election to be held 
in the petitioning city, borough, township or any part 
thereof, referred to in the petition, upon the question 
of annexation. If such order be made within three 
months and more than thirty days before the date of 
any general election, such election shall be held at 
such general election; otherwise, it shall be held at 
such date as the court shall fix, but in no case within 
thirty days fro?ii the making of snoh order. 

Section 3. The court shall direct that notice be 
given by advertisements or hand-bills, or both, of the 
time of such election; and shall also order the county 
commissioners to prepare separate ballots for such 
election, which shall read on the outside "Annexa- 
tion" and on the inside "For Annexation" or "Against 
Annexation," and said commissioners shall provide 
for the placing of such ballots at the polling-places, 
at the opening of the polls on the day fixed, and for 
separate ballot-boxes to receive the ballots. 



Procedure. 



Petition of quali- 
fied voters. 



Part of township. 



Time of signing 
petition. 



Notice to execu- 
tive officer of city. 



Duty of councils. 



Notice to the 
people. 



Hearing. 



Order. 



Time for holding 
election. 



Notice of election. 



Ballot boxes. 



24 



Mode of conduct- 
ing election. 



Result shall be 
certified to the 
court. 



Decree. 
Dismissal. 



Proviso. 



Annexation. 



Annexed territory 
shall pay indebt- 
edness. 



Annual tax. 



Indebtedness of 
city. 



Commissioners. 



Section 4. The election shall be held at the regular 
polling-places, and by the regular election officers, or, 
in case of their absence, their places shall be filled as 
provided by law. In receiving and counting, and in 
making returns of, the votes cast, the inspectors, 
judges and clerks of said election shall be governed by 
the laws of this Commonwealth regulating municipal 
elections; and the vote shall be counted by the court 
as is now provided by general laws governing mu- 
nicipal elections, and all the penalties of the said elec- 
tion laws, for the violation thereof, shall apply to the 
voters, inspectors, judges and clerks voting at, and 
in attendance upon, the elections held under the provi- 
sions of this act. The result of the election shall be 
certified to the court of quarter sessions having juris- 
diction of the proceedings. 

Section 5. If it shall appear by the vote when count- 
ed that a majority has voted for annexation, the court 
shall enter a decree accordingly; otherwise, the pro- 
ceedings shall be dismissed. In case the proceedings 
shall be dismissed, no petitions from that city, bor- 
ough, township, or part of a township, shall there- 
after be presented unless signed by twenty per cen- 
tum of the qualified voters thereof, as shown by the 
registry lists for the last preceding general election; 
and the court shall exercise its discretion as to allow- 
ing such petitions to be filed: Provided, however, 
That should the court permit such petition to be filed, 
no election shall be ordered to be held within two (2) 
years from the date of the former election on such 
annexation. If in such case the court allows the pe- 
tition to be filed, the proceedings shall be as herein 
provided for the first petition. 

Section 6. If a decree be entered for annexation, on 
the first Monday of January thereafter the territory 
so annexed shall become a part of the city to which 
it is annexed. The territory annexed shall pay its 
own floating and bonded indebtedness and the inter- 
est thereon, as said floating and bonded indebtedness 
exists at the time of annexation, and for that purpose 
an annual tax shall be levied by the city to which it is 
annexed, and which shall be levied upon the subjects 
of taxation in such annexed territory only. Such an- 
nexed territory shall not be liable for the floating or 
bonded indebtedness of the city to which it is annex- 
ed, as the same shall exist at the time of annexation; 
but the same shall be provided for, principal and in- 
terest, by an annual tax, to be levied by such city upon 
the subjects of taxation within its limits. In case of 
annexation, the court may appoint commissioners to 
ascertain the floating and bonded indebtedness of the 
territory annexed and of the city to which it is an- 
nexed. An account shall be taken of all moneys on 



25 

hand or receivable, applicable to the payment of the 
floating or bonded indebtedness of the respective por- 
tions at the date of annexation, and such money shall 
be applied in payment of the floating or bonded in- 
debtedness of the respective portions. The territory 
annexed shall, as soon as practicable, be arranged into 
wards of the city to which it is annexed. 

In the meantime, the councilmen of the city an- ^ 

,,, ^ 11 Councilmen of 

nexed shall become members or the proper branches annexed city. 
of councils of the city; and the members of council Borough councu- 
of an annexed borough shall be members of the com- '"^'i- 
mon councils of the city, and remain until the expira- 
tion of the terms for which they were elected, and ,j,^^^ 
until their successors are duly qualified under the ar- 
rangement of the territory into wards. 

Approved— The 28th day of April, A. D. 1903. 

SAML. W. PENNYPAGKER. 



(26) 



y 



M,!£^.'*"^ O"" CONGRESS 



020 313 081 8 



